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The 9th Circuit in Lim v. INS, No. 98-70683 (9th Cir. August 29, 2000), found no past persecution where Petitioner and his family were "never touched, robbed, imprisoned, forcibly recruited, detained, interrogated, trespassed upon or even closely confronted." The court made a distinction between past persecution, which raises a presumption of fear of future persecution, and a well-founded fear of future persecution. The court did find a well-founded fear of future persecution based on death threats the Petitioner received for having infiltrated and testified against an anti-government group. Colleagues who had received similar threats were murdered. According to the court under these circumstances no reasonable factfinder could find that the Petitioner did not have a well-founded fear for his life. Since the Petitioner had not demonstrated that it was more likely than not that he would be killed the petition for withholding was not granted. The court was correct in pointing out that there are "two general methods of becoming eligible for a discretionary grant of asylum: (1) 'persecution' in the past or (2) a 'well-founded fear of persecution' in the future," and that to require past persecution would "reduce the well-founded fear ground for asylum to mere 'superfluous words.'" Asylum seekers do not have to wait for their persecutors to carry out their death threats to show that a fear is well-founded.

Consulates Can Accept DOL Petitions for H-2A Workers
This interim rule amends the regulations to reflect a recent INS delegation to the Department of Labor (DOL) of the authority to approve petitions to grant temporary agricultural worker status to certain aliens. The interim rule, effective November 13, 2000, permits consular officers to accept petitions approved by the DOL.

UN Observers Exempt from Visa Fee
Effective August 29, 2000, visa application an issuance fees will be waived for persons who are members of observer missions to the United Nations who apply for B-1 visas to enter as participants in their UN observer missions.

Immigrants Do Not Use Services to Which They are Entitled
A George Washington University study finds that welfare and immigration reform laws impair immigrants' legitimate use of Medicaid and health care services. The researchers say study results point to the need for better training of INS hearing officers on the issue of Medicaid and public charge.

Sidestepping the IT Skills Gap
According to Computer Reseller News companies facing the high-tech worker shortage and limits on traditional visa programs for hiring foreign workers are looking at the J-1 training visa as an option to complement existing recruitment efforts.

Immigration Fraud Seen as Low Priority in South Florida
The Miami Herald reports that, unlike other states that have declared war on immigration fraud, South Florida does not consider prosecuting immigration fraud a top priority. Florida has no statutes that require immigration consultants to register with the state and post a bond to ensure their clients are not cheated, nor does the state have any coordinated effort among the various agencies to combat what immigration advocates call an "overwhelming" and "rampant" problem.

Special Event Chats
Scheduled special event chats include ILW.COM's first chat in Spanish with Barry Leiber, Esq. on Wednesday, September 13, 2000, at 9:00 p.m. Eastern (New York) time. Coming up are another chat with INS Acting Director of the Business Liaison Office Linda Dodd-Major on October 18 and a chat with Katherine Kerr, a Canadian immigration lawyer, on November 1. Continue to check the chat page for these special and other special events in addition to our regular chat sessions.